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First Amendment Commons™

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Touro University Jacob D. Fuchsberg Law Center

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Articles 61 - 90 of 241

Full-Text Articles in First Amendment

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Apr 2016

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Touro Law Review

No abstract provided.


The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora Mar 2016

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora

Touro Law Review

No abstract provided.


Criminal Court Of The City Of New York, People V. Tiffany, Deborah A. Monastero Mar 2016

Criminal Court Of The City Of New York, People V. Tiffany, Deborah A. Monastero

Touro Law Review

No abstract provided.


Supreme Court, Queens County, People V. Amadeo, Erik Lindemann Mar 2016

Supreme Court, Queens County, People V. Amadeo, Erik Lindemann

Touro Law Review

No abstract provided.


Court Of Appeals, People V. Fraser, Evan M. Zuckerman Mar 2016

Court Of Appeals, People V. Fraser, Evan M. Zuckerman

Touro Law Review

No abstract provided.


Second Department, Bowden V. Iona Grammar School, Jonathan Janofsky Mar 2016

Second Department, Bowden V. Iona Grammar School, Jonathan Janofsky

Touro Law Review

No abstract provided.


The Unpunishable Immorality, Ramzi Nasser Mar 2016

The Unpunishable Immorality, Ramzi Nasser

Touro Law Review

No abstract provided.


Appellate Division, Third Department Matter, Of Schulz V. Pataki, Daniela Licata Mar 2016

Appellate Division, Third Department Matter, Of Schulz V. Pataki, Daniela Licata

Touro Law Review

No abstract provided.


United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy Mar 2016

United States District Court, Southern District Of New York, People For The Ethical Treatment Of Animals V. Giuliani, Melissa Murphy

Touro Law Review

No abstract provided.


Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy Mar 2016

Supreme Court, Nassau County New York, Coleman V. O'Shea, Melissa Murphy

Touro Law Review

No abstract provided.


City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo Mar 2016

City Court, Watertown New York, People V. Rogers, Lisa Bartolomeo

Touro Law Review

No abstract provided.


Supreme Court, Monroe County, People V. Owens, Wendy Holland Mar 2016

Supreme Court, Monroe County, People V. Owens, Wendy Holland

Touro Law Review

No abstract provided.


United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland Mar 2016

United States Court Of Appeals Second Circuit, Seabrook V. City Of New York, Wendy Holland

Touro Law Review

No abstract provided.


The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights, Thomas A. Schweitzer Mar 2016

The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora Mar 2016

The Calm After The Storm: First Amendment Cases In The Supreme Court’S 2000-2001 Term, Joel Gora

Touro Law Review

No abstract provided.


“Ev’Ry American Experiment Sets A Precedent”: Why One Florida State Court’S Bitcoin Opinion Is Everyone’S Business, Allison Caffarone, Meg Holzer Jan 2016

“Ev’Ry American Experiment Sets A Precedent”: Why One Florida State Court’S Bitcoin Opinion Is Everyone’S Business, Allison Caffarone, Meg Holzer

Scholarly Works

Part I of this article seeks to explain in largely non-technical terms the design of the Bitcoin network. Part II explains the guidance and administrative rulings provided by the United States Department of the Treasury's Financial Crimes Enforcement Network in relation to the issues in the Espinoza case. Additionally, Part II surveys different approaches taken by state legislatures and regulators in seeking to address decentralized virtual currencies, including bitcoin. Careful attention is paid to how the terms "monetary value" and "virtual currency" are defined, and how those definitions have been interpreted. Part II further explores the differences in the way …


Can Dna Be Speech?, Jorge R. Roig Jan 2016

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …


Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie Aug 2015

Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie

Touro Law Review

No abstract provided.


The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez Aug 2015

The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez

Touro Law Review

No abstract provided.


Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska May 2015

Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska

Touro Law Review

No abstract provided.


Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin May 2015

Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin

Touro Law Review

No abstract provided.


District Court, Nassau County, People V. Zedner, Jonathan Kirchner Apr 2015

District Court, Nassau County, People V. Zedner, Jonathan Kirchner

Touro Law Review

No abstract provided.


The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy Apr 2015

The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy

Touro Law Review

No abstract provided.


A Balanced Diet Of First Amendment Cases, Joel Gora Apr 2015

A Balanced Diet Of First Amendment Cases, Joel Gora

Touro Law Review

No abstract provided.


Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer Jan 2015

Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine Jan 2015

A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine

Scholarly Works

Over the past several decades, the United States Supreme Court has demonstrated an increasing refusal to engage in a close evaluation of the religious nature of Free Exercise and Establishment Clause claims, instead deferring to adherents’ characterizations of the substance and significance of a religious practice or belief. The Supreme Court’s hands-off approach, which it has justified on both constitutional and practical grounds, has attracted considerable scholarly attention, producing a substantial and growing body of literature assessing and, at times, critiquing the Court’s approach.

Part I of this Essay provides a brief overview for analyzing the Supreme Court’s hands-off approach …


Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen Jan 2015

Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen

Scholarly Works

The Winter 2015 Land Use Law Update asked whether the Supreme Court’s decision in Reed v. Town of Gilbert would require municipalities throughout the country to rewrite their sign codes. The short answer is “yes.”

At a minimum, following the Supreme Court’s decision that the Town of Gilbert’s temporary directional sign regulations violated petitioners Good News Community Church’s and Pastor Clyde Reed’s First Amendment rights, municipalities will want to act quickly to amend their sign codes if they regulate different categories of signs differently. A code that places fewer restrictions on political or ideological signs than on directional signs likely …


Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen Jan 2015

Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen

Scholarly Works

The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.


Defending American Religious Neutrality, Mark Goldfeder Jan 2015

Defending American Religious Neutrality, Mark Goldfeder

Scholarly Works

Scholars who write about the US Supreme Court's religious liberty jurisprudence typically lambaste the Court for its supposedly secularist or allegedly religious sympathies, or for inconsistencies in its rulings and norms. Andrew Koppelman takes a different approach in this aging but still timely book about the tradition and enduring relevance of religious "neutrality" in American constitutional law.


A Quantum Congress, Jorge R. Roig Jan 2015

A Quantum Congress, Jorge R. Roig

Scholarly Works

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …